Civil Cases: Suing and Being Sued in the Superior Court of Justice

On December 22, 2017, a regulation was filed to amend the Rules of Civil Procedure (“RCP”) O. Reg. 584/17. The changes are summarized below.

The RCP amendments will come into force on January 1, 2018 and May 28, 2018.

The civil court rules have been amended to:

Authorize the use of the Ministry’s Civil Claims Online Portal to electronically file statements of defence, notices of intent to defend, proof of service of electronically filed documents, statements of claim where a notice of action was issued and consents and court orders that are required to be filed with an electronically filed document.

Clarify how to access the Civil Claims Online Portal.

Simplify the civil court rules relating to electronic filing and issuance of documents through the Civil Claims Online Portal by consolidating and centralizing the rules.

Clarify the processes relating to the electronic filing and issuance of documents through the Civil Claims Online Portal.

Clarify the material required to be filed in support of an Application of Certificate of Appointment of Estate Trustee pursuant to rule 74.04(1). The revised rule clarifies that only one affidavit is required to be filed as evidence to support the application. A complimentary amendment has been made to Form 74.10. Updated Form 74.10 is available online at: http://ontariocourtforms.on.ca/en/rules-of-civil-procedure-forms/

A civil claim is a lawsuit between individuals and/or corporations. It can address disputes about terms of contracts, or claims for injury to a person, their property or reputation.